Bill 60 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Legislative Assembly of Alberta Bill 60 the Forests Act, 1971 (Legislature 16, Session 4)

L16 S4 4898

Alberta — Bills

1971 Bill 60 Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 60 The Forests Act, 1971 THE MINISTER Of LANDS AND FORESTS First Reading .............................. . Second Reading Third Reading ....... ~ . '.' ....... '" ......... . - . -.--- ... --~--::::-::-=..=.-:::-" Prlntt.'d by L. S. "V,':-.II. O1l0f>n'~ Prlptl'l". F.' ., .. ..,

BILL 60 1971 THE FORESTS ACT, 1971 (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1.

In this Act, (a) "annual allowable cut" means the total volume or acreage of timber that may be harvested in one year; (b) "Crown Charges" means all charges, fees, assess ment levies and dues in respect of Crown timber, costs, expenses 'and penalties imposed under this Act or the regulations or payable to the Crown by virtue of any contract; (e) "Crown timber" means timber grown on public lands, except timber harvested pursuant to a tim ,ber disposition; (d) "forest land" means public land intermittently covered with forest growth; (e) "forest officer" means (

i) a forest officer appointed under

section 2, and (ii) a person who is an exofficio forest officer under

section 3; (f) "forestry road" means a road designated by the Minister as a forestry' road; (g) "management unit" means an area of forest lands designated by the Minister as a management unit; (h) "l\Iinister" nleans the lVlinister of Lands and Forests; (i) "primary timber products" includes rough and dressed lumber, logs, untreated round wood and ties, wood chips and such other products as are designated in the regulations; (j) 'Oqllota" or "timber qnota" means a share of the allowable cut of coniferous timber and may also include an allocation by area of dccicluou~ fimber within a forest nlanagement unit;

Explanatory Notes This Bill consolidates and updates the existing Act in order to maintain pace with technological advances and improving pro cedures within the areas of forest management procedures and related industrial operations with a view to maintaining maximum efficiency in managing and protecting Alberta's forest resources. I. [)efinitions.

2 (k) "quota holder" means a holder of a coniferous timber quota or a deciduous timber allocation; (1) "timber" means all trees living or dead, of any size or species and 'whether standing, fallen, cut or extracted; (m) "timber disposition" means a forest management agreement, timber licence or timber permit.

PART 1 ADMINISTRATlON 2. There may be appointed in accordance with The Pub lic Service Act forest officers as may be required for the purposes of this Act and the regulations. 3. All members of the Royal Canadian Mounted Police, all wildlife officers, all fishery officers, 'all parks officers, all inspectors of the Inspection Service Branch of the De partment of Highways and Transport (

a) are ,by virtue of their office forest officers, and (.

b) have the same powers as are conferred upon a forest officer by law. 4. The Lieutenant Governor in Council may make regu lations: (

a) governing the procedures and methods by which and the terms and conditions upon which permits, licences, quotas and agreements' may be acquired, used or assigned; (

b) governing the procedures and circumstances by which permits, licences, quotas and agreements may 'be varied, suspended, cancelled or reinstated; (

e) establis·hing the various Cro'wn charges that may be collected, timber appraisal procedures, rates of Crown charges, the time and method of payment of ·Crown charges and the means of enforcement of payment; (

d) prescribing the charges to be made for damage to timber stands in the cutting of reads, lines, rights of way, or other disturbance of the forest; (

e) governing all as-pects of reforestation and affores tation on public lands; (

f) designating primary timber products; (

g) regulating all primary timbel processing and pri mary timber processing plants; (:

h) regulating the transport of timber and tinlber products and 'all matters incidental thereto; (

i) governing the keeping of records relating to tinl ·ber production and sales and purchases of timber and timber products; (j) ·governing the management and use of forest lands; (

k) regulating the construction and llse of forestry roads; 3

%. Forest officers. 3. 'Ex officio forest officers. 4. Regulations Iby the Lieutenant Governor in Council. 3

(

I) regulating the construction and use of airstrips on public lands; (

m) prescribing penalties for contraventions of the pro visions of this Act or the regulations; (

n) respecting any other matter necessary or advis able to carry out effectively the intent and purposes of this Act. 5. The Minister may make regulations: (

a) governing logging methods and wood utilization standards; (

b) specifying standard terminology and other specifi cations to be adhered to in preparation of plans, maps and other related documents required by this Act o:r the regulations; (

c) prescribing f~rms, notices, r~cords and accounts; (

d) prescribing rates to be c'harged for the use of personnel and equipment and facilities of the De partment of Lands and Forests; (

e) governing all matters pertaininng to scaling and scalers; (

f) governing the use of forest recreation areas; (

g) establishing training programs and facilities. 6. The Minister shall administer and manage timber on public lands under his administration and standing and cut timber on all road allowances. 7.

(1) The Minister may in writing delegate to any employee of the Department of Lands and Forests or to any ex officio forest officer any power, duty or function conferred upon the Minister by this Act other than the power to make regulations.

(2) Where, pursuant to subsection (1), the Minister delegates to any person any power, duty or function, any reference in this Act to the lYIinister in connection with that power, duty or function shall be construed as also referring to that person. 8. Unless authorized by the lYIinister, no perSvIl shal1 use except in an enlergency, danlage, destroy or removE' any sign, tool, equipment, TIlaterial or st.rllcture left, situ ated or erected on forest lands by the :rvIinister or any officer. ., 4

s. Regulations by the Minister. 6. Responsibility of 'Minister. 7. Delegation of authority. 8. Prohibited use. 4

9. Except as may be authorized by the Minister, nQ person shall cut, damage O'r destrO'y any fO'rest growth O'n forest lands. 10.

(1) When, O'n reasO'nable and probable grO'unds, the Minister believes that any persO'n is failing to' cO'mply with or is contravening the provisiO'ns of this Act O'r the regu lations, the ~Iinister may order that persO'n to dO' or dis continue dO'ing any act, as the case may be.

(2) Where any persO'n fails to' cO'mply with an order of the Minister under subsectiO'n (1), the Minister or any person authO'rized by the Mini,ster may apply to a Supreme Court judge sitting in chambers for an order (

a) restraining the person, ·his emplO'yees or agent,g from cO'ntinuing the cO'ntravention, O'r (

b) requiring the person, his employees or agents to' comply with the provisions O'f this Act or the regu lations referred to' in the Minister's order. 5

9. Prohibition. 10. Order for compliance. 5

PART 2 CROWN TIMBER 11. This Part applies to Crown timber. 12.

(1) For the purposes of administration of this Part the Minister may divide forest lands into forest manage ment units.

(2) With respect to each forest management unit the Minister may determine the annual allowable cut of tim ber. 13. Crown timber may be disposed of by the Minister in one or more of the following ways: (

a) pursuant to a forest management agreement; (

b) pursuant to the sale of timber quota certificates and the issue of timber licences to quota holders; (

c) pursuant to a timber permit. 14.

(1) The Minister, with the approval of the Lieu tenant Governor in Council, may enter into a forest man agement agreement with any person to enable that person to enter upon forest lands for the purpose of establishing, growing and harvesting timber in a manner designed to provide a 'perpetual sustained yield.

(2) Except as against the Crown and subject to any agreement to the contrary, ownership of all Crown timber on lands subject to a forest management agreement or forest management lease is, during the term thereof, vested in the holder of the agreement or lease vvho is entitled to reasonable compensation from any person who causes loss of or damage to any of the timber or any improvements created by the holder.

(3) No person shall assign a forest management agree ment without the prior consent in writing of the Minister and any assignnlent without the consent of the :Minister is \oia. 15. (1) "Vhere a forest management unit has been es tablished and an annual allo\vable cut of timber specified. the Minister may divide the annual allowable cut into coniferous timber quotas and may also allocate deciduou3 timber quotas.

(2) A coniferous timber quota shall specify the per centage of the volume of the annual allowable cut as it relate8 to coniferous timber th[lt the quota holder nlay har vest. 6

11. Application. 12. Forest management units are created to provide a balance between growth and depletion of timber. 13. Disposition of Crown timber. 14. Forest management agreements. IS. Quotas. 6

(3) A decidu01,lS timber quota shall allocate the volume or acreage of deciduous timber that the quota holder may harvest.

(4) Notwithstanding that a guota is issued for conifer ous timber or deciduous timber, the Minister may (

a) with respect to a coniferous timber quota authorize the holder to harvest a limited amount of deciduous timber as incidental to his main harvesting, and (

b) with respect to a deciduous timber quota authorize the holder to harvest a limited amount of coniferous timber as incidental to his main harvesting but in either case the authorization shall specify the area, time and acreage or volume of timber that may be so 'narvested in addition to the quota :held. 16.

(1) Subject to compliance with the regulations and with such terms and conditions as the Minister may pre scribe, the purchase of a quota shall entitle the holder to harvest timber in accordance therewith for a specified period not exceeding 20 years. .

(2) Where a quota certificate 'has ,been issued, the quotcL holder shall prepare, at the request of the Minister, a general development plan for his approval with respect to the forest land for which the quota issued.

(3) Following the issue of a quota certificate, the quota holder is liable to pay holding and forest protection charges at the rates and at the times prescribed in the regula tions.

(4) A quota holder shall not commence harvesting tim ber until :he has obtained a timber licence.

(5) The harvesting of timber under the authority of :l quota certificate shall be carried out, subject to

section 17, in consecutive five year harvest periods, each called a quadrant. 17.

(1) In order to attain within a forest management u,nit a proper balance between growth and depletion of tImber, the :Minister may fronl time to time fix or alter the volume or acreage of tilnber that may be harvested by a quota -holder during each quadrant.

(2) A quota -holder ,,,ho fails to -harvest the authorized ~olume or acreage of timber during a quadrant is not en btled to an increas2d authorized cutting volume or acreage for any of the other quadrants. 7

16. Conditions attached to quotas. 17. Balanced growth and depletion of timber. 7

18. A quota holder who is not and has not been in de fault or in breach of any provision of this Act or the regu lations either during the currency or at the expiration of his quota, is entitled to have his quota renewed, subject to any modifications or conditions which the Minister con siders necessary. 19.

(1) A quota 'holder shall be issued a timber Iicenc8 upon compliance with subsection (2).

(2) An applic'ant for a timber licence shall (

a) deposit with the Minister security in a form and an iamount prescribed iby the regulations to ensure the performance of his obligations as a licensee, (ob) comply with all other requirements of the regula tions, and (

c) pay the assessed fees and costs in relation to cruis ing and the issue of the licence.

(3) A 'holder of 'a timber licence shall prepare an operat ing plan for each year of operations and have the plan approved ,by the Minister.

(4) The timber licence authorizes the person named therein to harvest timber and shall state (

a) the land on which the timber may be harvested, (

b) the period of time within which the timber may be harvested, (

e) the timber to be harvested, and (

d) the terms and conditions upon which the licence is granted.

(5) A holder of a timber licence shall (

a) pa.y timber dues as prescribed by the licence, the Act or the regulations on the timber cut by him, and (

b) pay a reforestation levy 'based on the volume of timber cut, or (

c) progressively reforest any land where he has har vested or 'an equivalent acreage within the man agement unit, 'whichever the l\1inister directs . . 20.

(1) T'he :Minister may grant or sell timber permits In accordance 'with the regulations. 8,

(2) An applicant for a timber permit shall (

a) deposit with the l\iinister security in a form anl1 in an alllOunt. prescribed by the regulations to en sure the performance of his obligations as a per mittee,

18. Quota renewal. This can be renewed as of right in the absence of prior breach or default. 19. Timber licence. 20. Applications for timber permits. 8

(

b) comply with all other requirements of the regu lations, and (

c) pay the fees and costs as specified in the regula tions.

(3) A holder of a timber per:mit shall, if requested by the Minister, prepare an operatIng plan for his first and each subsequent year of operations 'and have the plan approved by the Minister.

(4) T·he timber permit authorizes the person named therein to harvest timber and shall state (

a) the land on which the timber may be harvested, (ob) the period of time 'Yithin which the'timber may be harvested, (

e) the timber to be harvested, and (

d) the terms and conditions upon which the permit is issued.

(5) A holder of a timber permit shall (

a) pay timber dues as prescribed ,by the permit, the Act or the regulations on the timber cut by him, and (

b) subject to the regulations, pay a reforestation levy 'based on the volume of timber cut, or (

c) progres$ively reforest any land where he has har vested or an equivalent acreage within the manage ment unit, whichever the Minister directs. 21. No timb~r licence or' timber permit except for non commercial use $hall be issued until the applicant has satis fied the lVIinistl'f that he has complied with The Workmen's Compensation Act and The Industrial Wages Security Act. 22. No perst.)l'l who is a minor shall acquire an agree ~neilt, licence or permit by applicatio:1 or t~"ansfer . . 23. (

I) Tl1t"\ l\Iinister may, '\vith respect to a quota 1 tImber licence or timber permit (

a) suspend it indefinitely or for a fixed period, or (

b) cancel l:~ or (

c) redUCt"' :::5 term, or (

d) realize ::?on the security deposited by the holder Where the hoi,'::':'--:- of the quota, licence or permit (

e) fails t ~-, cut the authorized yolume or acreage of timber ,.::lring a quadrant, or 9

21. Restrictions on issue of timber dispositions. 22. Minors. 23. Penalties for non-compliance. 9

(

f) harvests more timber than is authorized during a quadrant, or (

g) fails to pay Crown charges as they become due, or (

h) fails to comply with any term or condition of th~ quota, licence or permit, or (

i) fails to carryon operations in accordance with hb approved operating plan, or (

j) contravenes any of the provisions of this Act or the regulations, or (

k) fails to comply with an order of the Minister made pursuant to this Act, The Forest and Prairie Pro tection Act or The Public Lands Act.

(2) With respect to a forest management agreement the Minister may, notwithstanding the provisions of the agree ment, (

a) suspend it, or (

b) with the prior ap.provalof the Lieutenant Governor in Council, cancel it, or (

c) realize upon the security dePosited by the holder where the holder (

d) contravenes the provisions of this Act or the reg . ulations, or (

e) fails to comply with any term or condition of the agreement, or (

f) fails to eomply with any order of the Minister authorized by this Act or The Forest and Prairie Protection Act.

(3) The Minister may reinstate a suspended or cancelled quota, or with the approval of the Lieutenant Governor in Council, a suspended or cancelled forest management ·agree ment, upon application therefor by the holder within six months of the date of suspension or cancellation if the Minister is satisfied that the holder has reasonably com plied with any order that the Minister has made for the purpose of reinstating the quota or ·agreement.

(4) The Minister may reinstate a suspended or cancelled timber licence or timber permit upon application therefor by the holder within 60 days of the date of suspension or cancellation if the :Minister is satisfied that the holder has reasonably comp1ie~ with any order that the ]\'Iinister has made for the purpose of reinstating the timber licence or timber permit. 24. vVhere in the opinion of the l\linister it is in the pUblic interest to change any provision or condition or the area of a quota, timber licence or timber permit the Minister may 10

24. Power of Minister to alter or cancel. 10

(

a) alter or vary any provision, condition or area of, or (

b) cancel the quota, licence or permit 30 days after serving a notice of his intention to do so by registered mail on the holder of the quota, licence or permit. 25. Where (

a) a quota holder, or (

b) the holder of a timber licence, or (

c) the holder of a timber permit has his quota, licence or permit altered or varied in any lnanner other than under

section 17 or cancelled by the Minister, if the alteration" variation or cancellation wa:; not due to 'any default of the quota holder, or holder of a licence or permit the Minister may pay compensation to him in an amount which the Minister considers just. 26.

(1) A quota holder, whether or not he holds a timber licence or the holder of a timber permit does not acquire any right or interest in the forest land that is the subject of the quota, licence or permit, but the holder of a timber licence or timber permit may enter upon the land for the purpos'e of doing or complYIng with those things specified in the licence or permit or in this Act or the regulations.

(2) The quota holder, holder of a timber licence or timber permit may not 'assign the quota, licence or permit without the prior consent in writing of the Minister and any assignment without the ~pproval of the Minister is void.

(3) The holder of a timber licence or timber permit becomes the owner of timber authorized to be cut pursuant to the licence or permit when the timber is actually cut by him or on his behalf, but is nonetheless entitled, except as against the Crown, to compensation from any person who deprives him of his right to cut and recover any timber. 27.

(1) The holder of a timber licence or timber permit or 'a party to a forest managen1ent agreement shall keep complete and accurate records in accordance with the regUlations of the quantity of timber harvested, manu factured and disposed of by him and shall produce the records or information concerning his reforestation opera tions at the request of 'a forest officer . .

(2) A purchaser shall keep an aCCl1ra te record of all tImber ~md primary timber products purc.hased by him and shall produce the records at the request of a forest officer. 11

25. Compensation payable as a t'esult of alteration or cancella tion of quota, licence or permit. . 26. Ownership of land and ·timber. 27. Records of sales and purchases of :~.:nber. 11

28. The Lieutenant Governor in Council may make regulations establishing the rates of timber dues payable in respect of Crown timber and may make provision therein for the determination of tiI?ber. dues on the basis of th~ appraised value of the standIng tImber. 29.

(1) No person shall transport logs, trees or wood chips except dry pulpwood or Christmas trees to any destin- ation outside Alberta from any forest lands. "

(2) Notwithstanding subsection (1), the Minister may (

a) authorize any person to transport logs, trees or wood chips to be used for research or experimental purposes to any destination outside Alberta from any forest lands, or (

b) exempt any logs, trees or wood chips from any . specified forest land from the application of the subsection for a period not to exceed one year. 30. When timber has ,been harvested as the result of a timber disposition and there are unpaid Crown charges owing in respect thereof, the Minister has a lien against the timber which has priority over all other encumbrances. 31.

Where any timber to which a lien attaches is seized or attached by a sheriff or a bailiff of any court, or is claimed 'by or is in the" possession of any assignee or trustee for the benefit of creditors, or any liquidator, or where the timber has been converted into money which is undistributed, the Minister may give to the sheriff, bailiff, assignee or liquidator in possession of the timber or money, notice of the "amount of the lien and thereupon the sheriff, bailiff, assignee or liquidator shall pay the amount so due and owing to the Minister in preference to and in priority over all other fees, charges, liens or clainls whatsoever except that the person who initiated the seizure or attach ment shall be entitled to his taxable costs of all proceed ings or proper and necessary steps taken by him from the time the seizure or attachment ,vas initiated by him until thf' Minister's notice was given. 32.

(1) A forest officer may seize and detain any timber or primary timber product \vhich has not become the prop erty of a "bona fide retail purchaser for value without notice of the unpaid Crown charges by attaching one copy of a notice of seizure in the prescribed fornI to a conspicuous part of the timber or prinlary timber product where 12 (

a) the person in achlal possession or control of the timber or primary timber product refuses or fails

28. Rates of timber dues. 29. Prohibited transport of certain Crown timber. 30. Crown lien. 31. Recovery of Crown charges. 32. Seizure. 12

to inform the forest officer of the name and address of the person from whom the timber or timber pro duct was received, or of any fact known to him re specting the timber, or (

b) the forest officer believes on reasonable grounds that any Crown charges payable in respect of timb€r have not been paid, or (

c) the forest officer believes on reasonable ground-:; that timber \vas cut on public lands but not under the authority of a timber disposition or a disposi tion under The Public Lands Act.

(2) Any timber or 'primary timber product seized under subsection (1) may be removed to any place the forest of ficer considers necessary for the safekeeping of the timber, .and if the timber or primary timber product is seized when in possession of a carrier it shall be removed by the carrier on behalf of the Minister to any place the forest officer may direct, and (

a) the Minister shall be liable for transportation and all other proper charges incurred resulting from the directions given by the forest officer, and (:

b) the seizure shall not, 'Subject to

section 35, prejudice or affect any lien to which the carrier may be en titled in respect of the timber or primary timber product at the time of the seizure.

(3) A forest officer may after making a seIzure appoint any person as the agent of the Minister to hold and keep the timber or primary timber 'Product seized on behalf of the Minister, upon the person signing an undertaking to 'hold the timber or timber product as bailee for the Minister and to deliver up possession thereof to a forest officer O:!l demand.

(4) Where timber liable to seizure under this

section has been so mixed as to render it impractical or difficult to distinguis'h the timber from other timber with which it is mixed, the whole of the timber may be seized and detained. 33.

(1) Where a seizure is made pursuant to

section 32 a copy of the notice of seizure shall De served within 10 days of the date of the seizure (

a) on the person in actual or apparent possession of the timber or primary timber product in the case of a seizure made under

section 32, subsection (1), clause (

a) or (c), 'and (

h) on the holder of the forest management agreement or of the timber licence or permit, as the case nlay be, in the case of a seizure nlade under

section 3~) subsection (1), clause (b), 13

33. Notice of seizure. 13

and the notice may be served by (

c) personal service, or (

d) leaving it with a responsible person at his place of residence, or (

e) mailing it ,by ordinary 'prepaid post to his last known address.

(2) A notice served by mail shall be deemed to be served on the day the notice is mailed. 34.

(1) Where timber or primary timber products have been seized and notice of seizure has. been served but no claim to recover it is made within 30 days from the date of the seizure, the timber or timber product shall be for- 'feited to the Crown and may be dealt with at the discretion of the Minister.

(2) Where timber or any primary timber product has been seized but no person is in actual or apparent posses sion or control of the timber or timber product and no notice of seizure has ibeen served and no claim to recover it is made within 30 days from the date of seizure the timber or timber products shall be forfeited to the Crown and may be dealt with at the discretion of the Minister. 35. Any person who, without the Minister's consent, in any manner interferes with any seized timber or primary timber product or with the notice of seizure attached there to, is guilty of an offence. 36.

(1) Any person claiming to be the owner of timber or primary timber products that 'have been seized under this Act may, upon at least seven days' notice to the Min ister, apply by way of originating notice of motion to a judge of the district court of the district in which the timber or timber 'products are held under seizure for an order for their release from seizure and their delivery to him.

(2) Upon receipt of a bond of the claimant, with two sureties, in an amO'lnt not less than the market value of the timber or primary timber products and the expenses of the seizure, the judge may order the timber or timber products to be released from seizure and to be delivered to the claimant.

(3) Upon the application by originating notice of motion of the :Ministel' or the clain1ant, 'and upon at least seven day's notice, the j-ldge shall determine the propriety of the claim for Cro\vn charges or the ownership of the timber or primary timber product, \vhether or not it has been re leased and delivered to the claimant under subsection (2), and shall make an order 14

34. Forfeiture of seized timber. 35. Interference with seizure. 36. Application for release from seizure. 14

(

a) declaring the claimant to be the owner (

i) free of 'any claim for Crown charges, or . (ii) subject to payment of such Crown charges and expenses as 'he may find to be owing, or (

b) declaring the claimant not to be the owner and the 'bond, if any, forfeited to the Crown.

(4) The judge may in his discretion order the payment of costs with respect to proceedings under this

section and the expen.ses of seizure.

(5) If the claimant is declared not to be the owner of the timber or primary timber product it shall be disposed -of in such manner as the Minister may determine.

(6) Notwithstanding anything in this

section the judge may dispose of all or any matters relating to the timber or .primary timber product at the same time including (

a) a declaration as to ownership, (

b) a declaration as to the liability or otherwise to pay ment of Crown charges, and (

c) costs whether proceedings under this

section are .commenced by the claimant or the Minister. 37.

(1) Where the timber seized is of a perishable na ture or of a seasonal value, the Minister may cause the timber to be disposed of at any time prior to its release from seizure or confiscation to the Crown in order to pre vent or minimize any loss in value of the timber· and the Minister shall not be Hable for any loss resulting from such disposition.

(2) When the Minister causes timber to be disposed of pursuant to this

section the proceeds of the sale or, when the goods are put to public use in lieu of a sale, the fair mar ket value at that time, shall be dealt with as the subje~~ matter in dispute under

section 41. 38. \Vhen bids or tenders are received by the niinister fo: ~ny purpose related to this Act or the regulations, the Mllllster is not obliged to accept .the highest or any bid or tender. 39. The l\Iinister may carryon afforesta tion or re forest~tion programs on any public lands or on private lands In respect of which the nIinister has entered into an agreement for that purpose with the ov·;ner thereof. lS

37. Minister may dispose of perishable goods. 38. Bids and tenders may be refused. 39. Minister may reforest or afforest private lands by agree ment. 15

40. This Act and the regulations apply to every licence or permit granted before or after the commencement of this Act and where there is any conflict between this Act or the regulations and any licence or permit, this Act and the regulations govern. 41. A forest officer has the right without a search warrant while in the performance of his duties to enter into and upon any lands and premises other than a private dwelling, store or office. 42.

(1) A forest officer may stop and search, without a search warrant, any vehicle for the purpose of enforcing the provisions of this Act.

(2) Every person using or travelling on forest Iand~. shall, upon request, provide a forest officer with any in formation as to his name, address, routes to be followed, location of camps and any other, information requested by him pertaining to -his duties and to forest management. 43. A forest officer in the exercise and disc-harge of his powers and duties is a person employed for the preservation and maintenance of the public peace. 16

40. Transitional. 41. Right of entry. 42. Right to search. and question. 43. Self-explanatory. 16

PART 3 GENERAL 44.

(1) The Minister may (

a) purchase land for a forestry road, airstrip, airport or the site of any structure, or (

b) construct ~nd maintain forestry roads and various structures, or (

c) construct, operate and maintain an airstrip or air port, or (

d) control traffic on and regulate the use of forestry roads, airstrips and airports, or (

e) construct and maintain forest recreation areas, or (

f) by order designate a road or proposed road as a forestry road.

(2) All forestry roads are under the administration of the Minister.

(3) There is no obligation on the Minister to constr~ct or maintain any road or airstrip for public use.

(4) Upon the Minister revoking the designation of a road as a forestry road the Lieutenant Governor in Council may, by order, transfer the 'administration and control of the road to the Minister of Highways and Transport. 45.

(1) The Minister may enter into a cost-sharing agree ment with any person for the construction of any forestry road or airstrip or other project on public lands.

(2) The Minister may require any person desiring to use the airstrip or forestry road for commercial or in dustrial purposes to enter into an airstrip or road improve ment and maintenance cost-sharing agreement with the Minister. 46.

(1) The lVCinister may require the owner or operator of any commercial or industrial enterprise which require8 the use of a forestry road to deposit with the Minister se~urity in an amOU:lt prescribed by the regulations for tr.l,G repair of damage that may result to the road.

(2) W'here a vehicle engaged in any commercial or in dustrial enterprise in passing over a forestry road damages the road, the :Minister may (

a) order the owner or operator of the enterprise O~: the owner or operator of the vehicle to restore the forestry road to a condition acceptable to th2 ~rinister, . (

b) in default of restoration, order paynlent of the cos: of restoration and may declare all the security or 17

44. Minister's powers. 45. Cost-sharing. 46. Security by road users. 17

such part of the security as is equivalent to the cost of restoration, to be forfeited to the Crown, and (

c) if the security is insufficient, recover the balance of the amount from the owner or operator of the enterprise or the owner or operator of the vehicle as a debt owing to the Crown. 47. Where a forestry road is utilized by vehicles serving more than one commercial or industrial enterprise (

a) the Minister may assess the owner or operator of each enterprise a damage and maintenance charge in any amount that to the Minister, after hearing and considering any representations of the owner or operator, appears just, and (

b) the amount assessed shall he paid to the Minister on demand and may be recovered asa debt owing to the Crown. 48. Any person using a forestry road in contravention of any regulation or any order of the Minister 18 (

a) shall pay to the 1vIinister on demand such amount as is equivalent to the cost of restoration if damage :has been caused to the road by that use, which amount is recoverable as a debt owing to the Crown, and (

b) is guilty of an offence.

47. Multiplicity of users. 48. illegal use of forestry roads. 18

PART 4 OFFENCES AND PENALTIES 49. A person who unla"wfuny (

a) obstructs a forest officer, or (

b) destroys, tampers or meddles with any goods under seizure, or (

c) destroys, tampers or meddles with a Notice of Seizure of Goods attached to any goods under seizure, or (

d) fails to comply with an order of the l\'Iinister under

section 10 is guilty of an offence and upon

summary conviction is liable to a fine of not less than $100 and not more than $5,000, and in default of payment to imprisonment for a term of not more than one year. 50.

(1) A person who contravenes any provision of thh; Act or the regulations is liable to a penalty in an amount prescribed by the regulations. "

(2) The Minister s'haIl determine the amount of the penalty that any person may he ordered to pay and shall serve upon that person a notice demanding payment of the stated amount of the ,penalty stating the grounds upon which the penalty was assessed. 51. A person who has been served by ordinary mail with a notice pursuant to

section 50 sn:all pay to the Minister the amount of the penalty within 30 days from the date of the service of the notice. 52. Where a person fails to pay a penalty in accordance with a notice under

section 51, the Minister may bring an action for the recovery of such penalty in any court of competent jurisdiction and in such action it is the duty of the court (

a) to determine whether such person is liable to a penalty under

section 50, subsection (1), (

b) if it is determined that the person is liable to a penalty, to confirm or vary the amount thereof claimed by the Minister, (

c) to give such judgment as it nlay decide, and (

d) to nlake such order as to costs or otherwise as it may decide. 19

49. Obstructing officer or interfering with seizure. 50. Determination of penalty. 51. Payment of penalty. 52. Recovery proceedings. 19

(1) The Legislative Assembly Act is amended as to

section 12, clause 15, by inserting after the w01·ds "The Forests Act" the words "or The Forests Act, 1971".

(2) The figures ", 1971" are inse'rted after the words "The Forests Act" ~vherever they appear in the following enactments: The Forest Reserves Act,

section 12, subsection (1) and subsection (2), clause (b) ; The Metis Betterment Act,

section 12; The Provincial Parks Act,

section 11, subsection (1) and subsection (2), clause (b) ; The Public Lands Act,

section 75, subsection (2) and

section 118 clause (b), subclause (i); The Public Service Act,

section 24, subsection (4), clause (c); The Willmore Wilderness Park Act,

section 8, clause (b). 54. Sections 1 to 43 of The Forests Act~ being

chapter 147 of the Revised Statutes of Alberta 1970 are hereby repealed. 55. This Act comes into force on July 1, 1971. 20

53. Consequential amendments. 54. Repeal. 20 Title: 1971 (16th, 4th) Bill 60, The Forests Act, 1971

Document details

Collection	Alberta — Bills
Citation	L16 S4 4898
Type	bill
Volume / chapter	L16 S4 4898
Language	en
Format	json
Source	PROVINCIAL
Identifier	686679247b87d7fb236c5e0d149fccd404381f12

Source file is stored in the law ingest library (json).